Account Access Terms

GT Industries (AUST) Pty Ltd T/A MoneyBuddy ACN 682877701

Australian Credit Licence 567039

These terms and conditions govern how you can access your account. A reference to ‘we/us/our’ in these terms and conditions includes any third party providing the Access Methods. A reference to ‘you/your’ includes all accountholders.

About these Website Terms

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How you can access your account

We may from time to time offer you access to your account by the following access methods:

• internet; and
  
• telephone
  

These are known as ‘Access Methods’. Some or all of the Access Methods may not always be available. You can contact us to check their availability.

We may tell you how to use the Access Methods from time to time.
We may provide you with Access Codes, including a personal identification number (PIN), user ID or password, to access the Access Methods. We may cancel or suspend an Access Code at any time without notice if we reasonably believe its use may result in loss to you or to us.

Access Methods

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Who can use the Access Methods

We may give access to your account through the Access Methods to any person supplying the relevant Access Code(s) and process any transactions made by that person. We can debit your account and you are liable for all transactions conducted by anyone you’ve given your Access Codes to (even if that transaction is not authorised by you).

You may instruct us to block access to your account using the Access Methods.

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Your instructions

When you use the Access Methods, your instructions may be carried out if they:

• are permitted by these terms; and
  
• comply with the directions on how to use the Access Methods.
  

We may postpone processing a transaction if we need further information from you or a third party.

When you or anyone authorised by you gives us instructions for a transaction using the Access Methods, we may not be able to stop the transaction authorised by those instructions. You are responsible for ensuring that the instructions are correct.

We may decline to accept your instructions for a transaction through the Access Methods if:

• we have any reason to doubt the authenticity or validity of the authorisation or your legal capacity to give the instructions; or
  
• we suspect that the transaction is in breach of law or that your account has been used illegally.
  

To the extent permitted by law, we are not liable to you or any other person for any loss or damage which you or any other person may suffer as a result of using the Access Methods or any delay, omission or failure in respect of any transaction.

Changes, suspension and cancellation of Access Methods

We can change, suspend or cancel any of the Access Methods and your use of any of the Access Methods at any time without notice, including if we consider it reasonably necessary to prevent loss to you or us for security reasons or if there is suspected fraud. We will comply with any applicable laws or relevant codes of conduct to which we have subscribed.

You can terminate your use of any of the Access Methods at any time by contacting us.

We do not warrant that any of the Access Methods will operate at any time. You should promptly advise us of any faults or unavailability of the Access Methods.

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Internet access and telephone access

• Internet access: You may use internet access to obtain account information.
  
• Telephone access: Telephone access may be used to obtain account balances.
  

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Recorded transactions

We can, at our discretion, make electronic copies (including recordings) of or monitor any transaction conducted via the internet or telephone access for the purpose of accuracy and security.

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Security

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IMPORTANT: You must keep your Access Codes secure. If you do not comply with the below security requirements, you may be liable for unauthorised transactions made on your account.

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General

You must keep your Access Codes (and any records of the details of these) secure.

You must do everything necessary to ensure that your Access Codes are not misused, lost or stolen. If any of these are misused, lost or stolen, you must tell us as soon as possible. If you breach any term in this document, you may be held liable for any unauthorised transactions.

You should contact us about any problems or questions relating to the Access Methods.

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Access security

You must always act with care and protect the security of your Access Codes. Memorise your Access Codes, and destroy any correspondence notifying you of an Access Code.

You must not:

• disclose voluntarily to anyone (including family or friends) any of your Access Codes;
  
• record any Access Code on a device (such as a smartphone) that could be used to perform a transaction, or anything carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the Access Codes;
  
• keep a written record of all or any Access Codes required to perform a transaction on one or more things which are likely to be lost or stolen at the same time, without making a reasonable attempt to protect the security of the Access Codes.
  

If you choose your own Access Code, you must not select numbers or words which represent your date of birth, your name, or any other combination of numbers or letters which can be readily identified with you.

You must always log off from internet access and close your browser once you have finished an internet access session. If you are using a public computer or mobile device, you must clear the computer or device cache or history after using internet access.

You should take appropriate steps to ensure any device you use to access an electronic access channel is protected against computer viruses and unauthorised access.

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Liability

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Our liability

Subject to any warranties implied by law that cannot be excluded, we are not responsible for, or liable for loss, damage, or interruption arising out of:

• errors, inaccuracies, omissions, interruptions, viruses or defects where you were aware, or should have been aware, that the electronic services or any system or related equipment was malfunctioning, other than the refund of any charges or fees imposed on you as a result of the system being unavailable or malfunctioning;
  
• reliance on information obtained through use of the electronic services; or
  
• failure of the electronic services to perform a function in whole or in part.
  

If an error, inaccuracy or omission occurs and you advise us in writing, we will endeavour to correct the problem within three business days of notification. If we cannot, we will inform you when we expect to complete the correction.

Your access to electronic services may be automatically denied after unsuccessful attempts to enter the relevant Access Codes. If this happens, you must contact us to obtain access to the electronic services.

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When you are not liable for losses – electronic Access Methods

If transactions not authorised by you are processed on your account, you must inform us as soon as you become aware of these. You will not be liable for unauthorised transactions:

• if it is clear that you have not contributed to the loss, or for transactions that you could not have known about;
  
• when they are caused by the same transaction being incorrectly debited more than once to the same account;
  
• which took place before you received any Access Code;
  
• that are caused by the fraudulent or negligent conduct of our employees or agents, a third party supplier company involved in our networking arrangements or by merchants, or their employees or agents;
  
• which relate to a device or Access Code which is forged, faulty, expired or cancelled;
  
• that occur after you inform us that your Access Code has been lost or stolen or the security of the Access Code has been breached; or
  
• result from an unauthorised transaction that can be made using an identifier without a PIN.
  

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When you will have limited liability for losses – electronic Access Methods

If it’s not clear whether you’ve contributed to the loss caused by an unauthorised transaction that required one or more Access Codes, the amount of your liability will be limited to the least of:

• $150;
  
• the actual loss at the time we’re notified that the security of your Access Code was breached; and
  
• the credit limit (if any) of the account from which value was transferred in the unauthorised transaction.
  

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When you will be liable for losses – electronic Access Methods

If we can prove on the balance of probability that you’ve contributed to the loss by:

• acting fraudulently; and
  
• breaching any security terms set out in this document,
  your liability will extend to the total loss suffered before you report the loss, theft or misuse of a device or breach of Access Code security to us.
  

You will not be liable for any portion of the losses incurred:

• on any one day that exceed any relevant daily transaction limit;
  
• in a period that exceeds any other applicable periodic transaction limit applicable to the relevant period;
  
• that exceeds the credit limit (if any) applying to your account during the period; or
  
• on any account that you and we agree could not be accessed by way of the Access Methods.
  

Where more than one Access Code is required to perform a transaction and we prove:

• that the security of an Access Code(s) has been breached, but not all of the required codes; and
  
• we can prove on the balance of probability that a breach of security of the Access Code(s) was more than 50% responsible for the losses when assessed together with all the contributing causes,
  then you are liable for the actual losses which occur before we are notified of the loss, theft or misuse of your Access Code or a breach of the Access Code security requirements.
  

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Liability for unreasonably delaying notification

If we can prove on the balance of probability that you have contributed to a loss caused by an unauthorised transaction by unreasonably delaying notification that the security of your Access Codes has been compromised after you become aware of the loss, theft or breach, you will be liable to us for the actual losses incurred between:

• the time you first became aware (or should reasonably have become aware) of any of these events; and
  
• the time we are actually notified of the relevant event;
  however, you will not be liable for any loss on any day, or in any period which exceeds any applicable transaction limit for that day or period, and you will not be liable for loss in excess of the credit limit (if any) of your account.
  

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Definitions and interpretation

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Definitions

In your loan agreement, the following words are defined as follows.

• Access Codes means the client number, personal identification number (PIN), password and/or a combination of all these we provide to you to access the Access Methods.
  
• Access Methods means the methods we offer you for accessing your loan account as varied by us from time to time.
  

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Interpretation

In this document:

• a reference to the singular includes the plural and vice versa;
  
• a reference to a person includes any other entity recognised by law;
  
• headings are for ease of reference only and not to assist interpretation; and
  
• the use of the word ‘includes’ or ‘including’ is not to be taken as limiting the meaning of the words preceding it.